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41-10-399
Section 41-10-399 Confidentiality of data; inapplicability of public record laws; use of data
by authority; requirements for contractual agreements for supercomputer services. (a) The
privacy, security and confidentiality of data collected, stored, processed or disseminated
by the supercomputer system under the provisions of this article are the responsibility of
the person, organization or entity collecting, storing, processing or disseminating such data.
(b) Data collected, stored, processed or disseminated through utilization of the supercomputer
system under the provisions of this article are not subject to the requirements of the public
record laws of the State of Alabama, and are therefore not subject to public disclosure by
the authority. (c) The authority shall not access, use or disseminate any data collected,
stored, processed or disseminated by the supercomputer system under the provisions of this
article without the prior written approval of the owner of such data. For the...
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5-18-15
Section 5-18-15 Interest rates, charges, and fees. (a) Maximum rates of interest and charge.
Every licensee under this chapter may contract for and receive as interest on any loan of
money less than one thousand five hundred dollars ($1,500) an amount at a rate not exceeding
three percent a month on that part of the unpaid principal balance not in excess of two hundred
dollars ($200), and two percent a month on that part of the unpaid principal balance in excess
of two hundred dollars ($200) but less than one thousand five hundred dollars ($1,500). (b)
Account maintenance fee. In addition to the maximum rate of interest and charges pursuant
to subsection (a), a licensee may enter into a contract of loan under this chapter in which
the borrower agrees to pay an account maintenance fee of not more than three dollars ($3)
for each month of the scheduled period of repayment of the loan provided that the scheduled
monthly payments are equal to or greater than thirty dollars ($30). Such...
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6-5-332
from liability any person responsible for an overall mine rescue operation, including an operator
of an affected facility and any person assuming responsibility therefor under federal or state
statutes or regulations. (e) A person or entity, who in good faith and without compensation
renders emergency care or treatment to a person suffering or appearing to suffer from cardiac
arrest, which may include the use of an automated external defibrillator, shall be immune
from civil liability for any personal injury as a result of care or treatment
or as a result of any act or failure to act in providing or arranging further medical treatment
where the person acts as an ordinary prudent person would have acted under the same or similar
circumstances, except damages that may result from the gross negligence of the person rendering
emergency care. This immunity shall extend to the licensed physician or medical authority
who is involved in automated external defibrillator site placement, the...
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7-2A-504
Section 7-2A-504 Liquidation of damages. (1) Damages payable by either party for default, or
any other act or omission, including indemnity for loss or diminution of anticipated tax benefits
or loss or damage to lessor's residual interest, may be liquidated in the lease agreement
but only at an amount or by a formula that is reasonable in light of the then anticipated
harm caused by the default or other act or omission. (2) If the lease agreement provides for
liquidation of damages, and such provision does not comply with subsection (1), or such provision
is an exclusive or limited remedy that circumstances cause to fail of its essential purpose,
remedy may be had as provided in this article. (3) If the lessor justifiably withholds or
stops delivery of goods because of the lessee's default or insolvency (Section 7-2A-525 or
7-2A-526), the lessee is entitled to restitution of any amount by which the sum of his or
her payments exceeds: (a) the amount to which the lessor is entitled by...
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7-3-416
Section 7-3-416 Transfer warranties. (a) A person who transfers an instrument for consideration
warrants to the transferee and, if the transfer is by indorsement, to any subsequent transferee
that: (1) The warrantor is a person entitled to enforce the instrument; (2) All signatures
on the instrument are authentic and authorized; (3) The instrument has not been altered; (4)
The instrument is not subject to a defense or claim in recoupment of any party which can be
asserted against the warrantor; and (5) The warrantor has no knowledge of any insolvency proceeding
commenced with respect to the maker or acceptor or, in the case of an unaccepted draft, the
drawer. (b) A person to whom the warranties under subsection (a) are made and who took the
instrument in good faith may recover from the warrantor as damages for breach of warranty
an amount equal to the loss suffered as a result of the breach, but not more than the amount
of the instrument plus expenses and loss of interest incurred as a...
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7-8-315
Section 7-8-315 (Effective Until January 1, 1997) Action against purchaser based upon wrongful
transfer. (1) Any person against whom the transfer of a security is wrongful for any reason,
including his incapacity, may against anyone except a bona fide purchaser reclaim possession
of the security or obtain possession of any new security evidencing all or part of the same
rights or have damages. (2) If the transfer is wrongful because of an unauthorized indorsement,
the owner may also reclaim or obtain possession of the security or new security even from
a bona fide purchaser if the ineffectiveness of the purported indorsement can be asserted
against him under the provisions of this article on unauthorized indorsements (Section 7-8-311).
(3) The right to obtain or reclaim possession of a security may be specifically enforced and
its transfer enjoined and the security impounded pending the litigation. (Acts 1965, No. 549,
p. 811.)...
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7-9A-335
(e) Removal of accession after default. After default, subject to Part 6, a secured party may
remove an accession from other goods if the security interest in the accession has priority
over the claims of every person having an interest in the whole. (f) Reimbursement following
removal. A secured party that removes an accession from other goods under subsection (e) shall
promptly reimburse any holder of a security interest or other lien on, or owner of, the whole
or of the other goods, other than the debtor, for the cost of repair of any physical injury
to the whole or the other goods. The secured party need not reimburse the holder or owner
for any diminution in value of the whole or the other goods caused by the absence of the accession
removed or by any necessity for replacing it. A person entitled to reimbursement may refuse
permission to remove until the secured party gives adequate assurance for the performance
of the obligation to reimburse. (Act 2001-481, p. 647, ยง1.)...
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8-19A-17
Section 8-19A-17 Actions by enforcing authority. The division may bring: (1) An action to obtain
a declaratory judgment that an act or practice violates this chapter. (2) An action to enjoin
any person who has violated or is violating this chapter. (3) An action on behalf of one or
more purchasers for the actual damages caused by an act or practice performed in violation
of this chapter. This action may include, but is not limited to, an action to recover against
a bond, letter of credit, or certificate of deposit as otherwise provided in this chapter.
Upon motion of the enforcing authority in any action brought under this section, the court
may make appropriate orders, including appointment of a master or receiver or sequestration
of assets, to reimburse consumers found to have been damaged, to carry out a consumer transaction
in accordance with the consumer's reasonable expectations, or to grant other appropriate relief.
The court may assess the expenses of a master or receiver...
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8-38-9
Section 8-38-9 Violations of notification requirements. (a) A violation of the notification
provisions of this chapter is an unlawful trade practice under the Alabama Deceptive Trade
Practices Act, Chapter 19 of this title, but does not constitute a criminal offense under
Section 8-19-12. The Attorney General shall have the exclusive authority to bring an action
for civil penalties under this chapter. (1) A violation of this chapter does not establish
a private cause of action under Section 8-19-10. Nothing in this chapter may otherwise be
construed to affect any right a person may have at common law, by statute, or otherwise. (2)
Any covered entity or third-party agent who is knowingly engaging in or has knowingly engaged
in a violation of the notification provisions of this chapter is subject to the penalty provisions
set out in Section 8-19-11. For the purposes of this chapter, knowingly shall mean willfully
or with reckless disregard in failing to comply with the notice...
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9-11-255
Section 9-11-255 Transportation, shipment, etc., of protected birds or game. Any person, firm,
association, or corporation who takes, ships, or transports without or within this state any
of the birds or game protected by the laws of this state, unless the same are in the personal
possession of or are carried openly by the owner thereof or person killing the same, who has
in his or her possession a nonresident's license if the game is to be carried without this
state or a resident's license if the game is to be transported wholly within this state shall
be guilty of a misdemeanor and, on conviction, shall be punished by a fine of not less than
$25.00 nor more than $50.00; provided, however, that under proper regulations by the Department
of Conservation and Natural Resources issued by the Commissioner of Conservation and Natural
Resources, any person may transport as baggage or by express not more than two days' bag limit
of any game birds or animals taken legally; and provided...
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